Experience

Representation of Pharma Company in Breach of Contract Case

Represented a major pharmaceutical company as part of trial team in a breach of contract suit litigated over five days before the Delaware Court of Chancery.

Lead Trial Counsel in Landmark "Traffic Pumping" Lawsuits

Lead trial counsel for a telecommunications company in a series of traffic pumping lawsuits in federal courts and regulatory bodies throughout the country. Tried the first case of its kind on the subject, in which the Iowa Utilities Board entered a decision for the client on all issues and found traffic pumping was an unjust and unreasonable practice contrary to the public interest. The case was affirmed on appeal. The decision caused the FCC to issue rules codifying the decision and, in the process, closed a multi-billion loophole.

Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer

Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.

Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General

Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. A decision in the matter is pending.

Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer

Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising practice act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.

Significant Settlement in Adversary Proceeding for Telecommunications Company

Brought an action on behalf of a telecommunications client to avoid fraudulent transfers in Bankruptcy Court for the U.S. District of Nevada. The defendants had received millions of dollars in transfers from an entity they owned and operated which was being sued in a related proceeding. Obtained a multimillion-dollar settlement in an adversary proceeding on the eve of trial, wherein we sought to avoid hundreds of fraudulent conveyances after the debtor claimed only $30 in assets.

Successfully Defended Packaging Company in Breach of Contract Case Following Acquisition

Successfully defended a packaging company against the alleged breach of a supply agreement entered into following the acquisition of a plastics manufacturing business from the plaintiff. Following the sale, the plaintiff continued to sell a specialty product, which would be manufactured by our client, and sought return of certain equipment used for its production. The suit was filed in state court in North Carolina, removed to federal court in North Carolina, then further transferred to U.S. District Court for the Eastern District of Missouri. Our client filed counterclaims and third-party claims for fraud in connection with the supply agreement. Our client filed a separate action for fraud in connection with the sale of the plastics manufacturing business against the plaintiff and its principals in U.S. District Court for the District of Delaware. All claims were resolved after mediation for a nominal payment and non-monetary terms.

Successfully Defended Pet Food Brand in Misappropriation of Trade Secrets Case

Successfully defended a pet food company against misappropriation of trade secrets claims. Two of the plaintiff’s employees were terminated by the plaintiff and went on to work for a competitor after developing a new type of packaging to supply to our client. At the same time, the competitor was in the process of developing replacement packaging to supply to our client. Our client moved its business to the competitor and the plaintiff filed suit in U.S. District Court for the Western District of Missouri against our client, the two former employees and the competitor. Armstrong Teasdale defended the lawsuit by, among other things, challenging the plaintiff’s characterization of the allegedly misappropriated information as trade secrets. At mediation, the plaintiff agreed to settlement by dropping its claims and requesting a nominal payment from our client pursuant to a raw materials agreement for materials not used by the plaintiff before the relationship was terminated.

Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer

Secured a significant victory for a men’s clothing retailer on a motion to dismiss in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification for a nationwide class, as well as Maryland and California subclasses, potentially exposing our client to hundreds of millions of dollars in damages. The court dismissed the nationwide claims, claims relating to the Maryland subclass, and large portions of the California subclass. The firm moved to dismiss the small portions of the lawsuit that remain. 

$8.3 Million Verdict for Client in Business Negligence Case

Tried a complex contract and tort lawsuit in District Court for the Eastern District of Missouri on behalf of plaintiff garment design company whose building was destroyed after a natural gas explosion. Obtained an $8.3 million verdict for clients after a seven-day trial. Verdict was ranked the #25 plaintiff win in Missouri in 2017.

Trial Win for Telecommunications Client on Tortious Interference Claims

Won at two-week trial for a major telecommunications company in the U.S. District Court for the District of Minnesota on tortious interference claims against an entity that had conspired with a local telephone company to engage in a traffic pumping scheme. The judgment entered in our client's favor approximated $2 million, and the Eighth Circuit affirmed the decision.

Dismissal of $1 Billion Class Action Claim

Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.
 

Represented Clinical Commercial Laboratories in Series of Claims

Represented a series of clinical commercial laboratories in a lawsuit against a publicly traded instrument manufacturer on claims for breach of warranty, fraudulent misrepresentation and omission, and violations of various consumer protection laws. Plaintiffs seek tens of millions of dollars in damages. Trial is scheduled for 2019.

Resolution in Corporate Control Dispute Involving LLC

Successfully compelled defendant to resolve a corporate control dispute concerning a limited liability corporation (LLC). We filed suit on behalf of our client to invalidate a sweetheart lease and undo other self-dealing transactions by the manager of the LLC, as well as dissolve the LLC. Following a year of litigation, the manager purchased the client's interest in the LLC on very good terms for the client.

Represented International Bank Energy Lending Division in Oil and Gas Exploration Claims

Represented international bank energy lending division, operators and landowners in litigation of claims arising from oil and gas exploration, production and transportation, including injury, property damage, environmental and other regulatory violations.

$1 Million Verdict After Three-Week Jury Trial in Federal Court

Won a breach of contract/negligent misrepresentation case after a three-week jury trial in federal court concerning high-speed packaging equipment, and obtained a verdict for nearly $1 million.

Represented Bank and FDIC in Malpractice, Breach Claims

Represented large commercial bank and the Federal Deposit Insurance Corporation in claims for legal and accounting malpractice and breach of director and officer fiduciary duty.

$8 Million Settlement for Closely Held Business

Won a settlement for over $8 million on behalf of a closely held business against a publicly traded casino company for breach of contract, fiduciary duties and fraud that settled after two weeks of trial.

Settlement in Real Estate Lease Dispute

Obtained a significant monetary settlement in a massive real estate lease dispute involving tens of millions of dollars. In the process, the firm was able to pierce a triple net lease through allegations of sham transactions and alter ego liability.